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NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
1,764 case citations
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The Court of Appeal accepted that MEV's sentence was towards the high end, but held that the selected comparison cases did not establish a fixed usual range. The sentencing judge had considered the guilty pleas, health and personal circumstances, extensive criminal history, and concerns about future drug use. The judge used immediate parole release to allow longer supervision. The appeal court was not persuaded that the sentence was plainly unjust or showed a misapplication of sentencing principle, so it granted leave but dismissed the appeal.
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